Josh Patashnik
- San Diego
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A strategic and accomplished appellate lawyer, Josh has a proven track record of success in high-stakes litigation.
Josh Patashnik brings to his practice a wealth of experience and a deep understanding of appellate litigation. As a deputy solicitor general at the California Department of Justice, Josh worked on many of the state’s most complex and consequential matters, with a particular focus on litigation in the Supreme Court of the United States and the California Supreme Court. He routinely served as the lead drafter of briefs and argued more than a dozen cases at all levels of the federal and state judiciary. His experience spans a wide range of substantive legal areas, including constitutional and administrative law, federal preemption, environmental law, and antitrust and unfair competition.
Josh counseled the Attorney General of California—as well as the Governor, other high-ranking state officials, and dozens of state agencies—on key strategic decisions at all stages of litigation, from building an administrative record to trial to appeal. He developed substantial experience in seeking and opposing requests for emergency relief in both federal and state courts, including writs, stays, and injunctions pending appeal. Josh also led settlement negotiations on behalf of state agencies; coordinated and drafted amicus curiae briefs on behalf of bipartisan multistate coalitions; and advised the Attorney General on proposed legislation, regulation, and policy initiatives.
Before joining the California Department of Justice, Josh was a civil litigator in private practice in San Francisco, where his practice spanned virtually all aspects of trial and appellate litigation. He is a former law clerk to Justice Anthony M. Kennedy of the U.S. Supreme Court and to Chief Judge Jeffrey S. Sutton of the U.S. Court of Appeals for the Sixth Circuit.
Josh is active in the legal community, holding several leadership positions with bar organizations. He serves on the Executive Committee of the California Lawyers Association’s Committee on Appellate Courts and is the Civil and Criminal Rules Chair of the San Diego County Bar Association’s Appellate Practice Section. Josh edits the California Litigation Review’s annual overview of appeals and writs and hosts the “Meet the New Justices” webinar series featuring newly appointed jurists on the California Court of Appeal. He is also a member of the California Academy of Appellate Lawyers and serves as a mentor for younger lawyers.
Education & Credentials
Education
- Stanford Law School, J.D., Senior Articles Editor, Stanford Law Review, 2011
- Harvard University, B.A., Government, summa cum laude, Phi Beta Kappa, 2007
Bar and Court Admissions
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California
- U.S. Supreme Court
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Central District of California
Related Employment
- California Department of Justice, Office of the Solicitor General, San Diego, CA, Deputy Solicitor General, 2018-2025
- Munger, Tolles & Olson LLP, San Francisco, CA, Associate, 2013-2018
Clerkships
- Hon. Anthony M. Kennedy, Supreme Court of the United States
- Hon. Jeffrey S. Sutton, U.S. Court of Appeals for the Sixth Circuit
Professional Recognition
Recognized by Daily Journal as a “Top 40 Under 40” Lawyer in California, 2023
National Association of Attorneys General, Best Brief Award, 2020
California Attorney General’s Award for work on housing and land use issues, 2024
Impact
Professional Leadership
- California Lawyers Association Committee on Appellate Courts; Member of Executive Committee
- San Diego County Bar Association, Appellate Practice Section, Civil and Criminal Rules Chair
- California Academy of Appellate Lawyers, Member